High Court of Tanzania

This is the second level in the Judiciary justice delivery hierarchy. It has both appellate and original powers on civil and criminal matters. It also hears appeals from the Courts of Resident Magistrate, the District Courts, and the District Land and Housing Tribunals in exercise of their original, appellate and/or revisional jurisdiction. The High Court is divided into Zones and specialized Divisions. 

Physical address
24 Kivukoni Road, P O Box: S.L.P. 9004
13 judgments

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13 judgments
Citation
Judgment date
February 2025
The accused was found legally insane at the time of the killing and ordered detained in a mental institution under s.219(3)(a).
Criminal law – Insanity defence – Referral under s.220(1) Criminal Procedure Act – Psychiatric report admissibility and weight. Penal Code s.13 – legal incapacity due to disease of mind; burden and standard of proof. Criminal Procedure Act s.192(4) – proof of death and causal link. Criminal Procedure Act s.219(3)(a) – disposal where accused insane for offences attracting death or long imprisonment.
27 February 2025
Accused found legally insane at the time of the killing and ordered detained as a mentally disordered offender under section 219.
Criminal law – Insanity defence – Elements under section 13 Penal Code – incapacity to understand or appreciate wrongfulness due to mental disease. Criminal procedure – Referral for psychiatric examination under section 220 Criminal Procedure Act and admissibility of medical reports. Evidence – Proof of death and causation under section 192(4) Criminal Procedure Act; seizure and identification of weapon. Disposition – Special finding of insanity and detention under section 219(3)(a) Criminal Procedure Act.
27 February 2025
26 February 2025
25 February 2025
20 February 2025
20 February 2025
20 February 2025
Accused found legally insane at time of killing and ordered detained as a mentally disordered offender.
Criminal law – Insanity defence – Referral and psychiatric report under s.220 Criminal Procedure Act – Legal incapacity under s.13 Penal Code – Special finding and detention as mentally disordered offender under s.219(3)(a) – Death and causation admitted under s.192(4).
18 February 2025
An appeal filed beyond the 45-day limit under s361(1)(b) CPA is time-barred and is struck out; extension may be sought.
Criminal procedure — Time limit for appeal — Section 361(1)(b) CPA — Late filing of grounds of appeal — Delay caused by prison administration does not cure time-bar — Remedy: striking out; applicant may seek extension of time.
17 February 2025
7 February 2025
7 February 2025
Resignation did not amount to constructive dismissal; applicants awarded two months' unpaid allowances and certificates of service.
Employment law – constructive dismissal/forced resignation – five‑factor test (intention; objective unbearability; employer's role; likely continuation; last resort) – requirement to exhaust internal grievance mechanisms – distinction between permanent employment and part‑time/allowance engagements – entitlement to unpaid allowances and certificates of service.
6 February 2025
A court raising an issue suo moto must invite parties to address it; failure renders the decision a nullity.
Civil procedure — appellate practice — court raising issue suo moto — duty to invite parties to address the court — breach of audi alteram partem renders decision nullity — remittal for rehearing.
4 February 2025